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G-l rLECaio DOLT Blsl�orr 3- 4 -°18 Silly scheme y imperilS trees c c OU CAN FIND an arborist to say HONE RINGS IN a city of Eugene office. V anything you want to," said Taylor, p "Come quick!" says the worried voice 1 dreadful cynic that she is. At best, it on the phone. "A developer is means that a tree cutter can shop for an expert clear - cutting trees along the ridgeline! Without whose cutting views line up with his own. a permit! Violating the city tree ordinance! "This sounds to me like a plan for the city "Sorry, we don't do enforcement," the staffer to save money and fewer trees," said Jerry replies. "Tell it to a judge." Diethelm, a friend who teaches landscape Do I exaggerate? Listen to this real exchange architecture at the University of Oregon. from Monday night's City Council meeting: Landscape architects, he said, depend on Councilwoman Betty Taylor: "So there will effective ordinances and enforcement to back not be any enforcement on the part of the city up their efforts to get developers to do the right if we pass this ?" thing with trees and other artifacts of nature. Public Works Director Christine Andersen: "At a time when development in the city "That's correct." needs to be done with greater care, this seems "This" refers to staff - proposed amendments like an abdication of a needed layer of arborly to the tree code, which would gut the ordinance responsibility," Diethelm said. and take the city out of any attempts to control I love that — " arborly responsibility." rapacious tree-cutting — shoot, even the What happens if the arborist or landscape nonrapacious kind — on private property. architect incorrectly or falsely certifies that a It was such cutting that inspired a previous cutting plan meets code? Why, the malefactor council to pass the can be reported to the proper accrediting or tree- protection licensing board, which will then do something ordinance, 7 -1, in 1993, severe — like saying, "Don't do that again." and —when then Mayor But who will report the violation to those ' Ruth Bascom vetoed it authorities? Not the city, since the city doesn't 4' f - to roar back with a do enforcement. ` . unanimous overturn of Will there be anything anybody can do to . - = her veto. But that was � stop illegal cutting? Why, of course: then, and this is now. Under the city plan, any private citizen °, The curren council could hire an attorney for a few thousand \ ::t and staff are worried bucks, and haul the cutter into court. And there . <;;;(3: ` more about cutting maybe get a restraining order or injunction, ` p budgets than the cutting and maybe keep some trees from being cut — if of trees. And a tree he gets into court fast enough — and maybe an ordinance costs money, you see. order to the cutter not to do it again. All of $60,000 a year — only about a third of But this conscientious private citizen won't what the city spent on consultants! be able to collect damages or a fine from the Andersen and her staff told the council that violator. At best, he might get his attorney fees there's been only one enforcement leading to paid — but, at worst, could have to pay the action against a violator. So if nobody violates tree - cutter's attorney as well as his own! the ordinance, why do we need it? I know, this all sounds like a major joke. I Could be that the city enforcement has been kept watching for some of the staff or council less than zealous. But former Councilwoman to fall on the floor Monday night in helpless Barbara Keller, chief author of the '93 giggles at how ridiculous it is to pretend that ordinance, says it means that the law has this plan will really protect trees. worked pretty well as a deterrent. But no, most of them — Taylor and Scott "The fact that they've not had to do (much) Meisner being the exceptions — acted as if they enforcement doesn't mean we should take away seriously believe there will be any preservation our ability to do it," she said. That would be preserved if these changes pass. sort of like saying we haven't had more than a There'll be a public hearing on this plan on couple of murders in Eugene, so we'll quit April 6. Those who care about trees can try to enforcing anything about murder." counsel the council then that it's a silly scheme. Listen to how the new nonenforcement But try not to chortle. Our trees are at enforcement would work: stake. Anyone who wants to cut trees off a property to develop it will need only to hire an arborist or landscape architect to sign a permit application, certifying that the tree - cutting complies with what's left of the ordinance. A counter clerk will check the application to make sure it's signed, and issue the permit — strictly on the say -so of the hired gun. No inspector will call.